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The EEAA was signed into law in April 2023 and has sought to introduce significant amendments to the Employment Equity Act No.55 of 1998 (EEA). Certain of these changes are likely to impact all employers, however, the majority of the changes are of specific importance to employers employing more than 50 employees (ie. designated employers).
The most noteworthy amongst the amendments empowers the Minister of Employment and Labour to set numerical targets for the 18 different sectors identified by the Minister (sectoral targets). Once established, designated employers will be required to comply with these sectoral targets.
While two separate and vastly different draft regulations setting out proposed sectoral targets have already been published, the Minister has yet to issue a final version of such regulations. This has led to some uncertainty and concern amongst the various sectors.
In light of the commencement of the EEAA, there has never been a more important time to ensure compliance with the EEA. Designated employers are encouraged to seek professional and legal services to assist in understanding and managing their obligations in this regard (including training, auditing of compliance and ancillary advice and services).